People v. Munlin
| Citation | 380 N.E.2d 288,45 N.Y.2d 427,408 N.Y.S.2d 461 |
| Parties | , 380 N.E.2d 288 The PEOPLE of the State of New York, Appellant, v. Shelton MUNLIN, Respondent. |
| Decision Date | 13 July 1978 |
| Court | New York Court of Appeals Court of Appeals |
The defendant was arrested for attempted burglary together with Kevin Harvey and Eric Eason. At the time of the arrest the police seized certain evidence from their car and obtained statements from the defendant without advising him of his rights. Later at the station house, after being advised of his rights the defendant stated that he wanted an attorney and that he did not wish to answer any questions about the incident without the assistance of counsel. The questioning was terminated and the defendant was permitted to call his mother. During this conversation the defendant asked his mother to call an attorney.
Soon thereafter, and little more than 30 minutes after the first interrogation, another officer investigating the attempted burglary asked the defendant if he had been advised of, and understood, his rights. When the defendant answered affirmatively the officer proceeded to question him about the crime without the assistance of counsel and before the defendant had spoken with an attorney. The defendant initially denied any criminal involvement. However when the officer confronted the defendant with a statement signed by Harvey, the defendant made incriminating admissions which were later incorporated into a written confession.
The defendant made a pretrial motion to suppress all his statements as well as the physical evidence seized from his car. After a hearing the County Court suppressed the statements made by the defendant at the time of arrest prior to being advised of his rights, but otherwise denied the motion. The defendant then pleaded guilty to criminal facilitation in the second degree.
The Appellate Term reversed, set aside the plea and suppressed the confession, but otherwise affirmed the order denying the motion to suppress.
The People have appealed to this court claiming that the confession is admissible and that the conviction should therefore be reinstated. They urge that there is no per se rule prohibiting the police from renewing the interrogation once the defendant has requested counsel and that, under the totality of the circumstances in this case, the defendant's subsequent decision to speak with the police, in the absence of counsel, was voluntarily and intelligently made.
The principles applicable to this appeal are discussed in People v. Grant (45 N.Y.2d 366, 408 N.Y.S.2d 429, --- N.E.2d ---- decided herewith). Here it is sufficient to emphasize that although the police advised the defendant of his rights, Miranda imposes additional obligations upon them when the defendant chooses to assert his rights. Unless these additional obligations are also satisfied the confession will not be...
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